Jorge Eduardo Araiza, A201 221 422 (BIA Aug. 12, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings after finding the respondent's attorney's inability to notify him that he received the hearing notice constituted exceptional circumstances justifying his failure to appear. The decision was written by Member Elise Manuel and joined by Member Sharon Hoffman, and Member John Guendelsberger.

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings after finding the respondent's attorney's inability to notify him that he received the hearing notice constituted exceptional circumstances justifying his failure to appear. The decision was written by Member Elise Manuel and joined by Member Sharon Hoffman, and Member John Guendelsberger.

003( d)(3)( i),( ii). As an initia matter, we agree wth he mmiatio Judges determiatio that the respondet received proper notice of his removal heg

See Matter of Barocio,

19 I&N Dec 255, 288( BA 1985). owever, pon or de novo review, i light of the totaity of the circumstncespreseted in this maer, we cocde that the respondent has esablished that his failue to appea s becase of exceptional circmsces